PAIA Manual

Floatpays (PTY) LTD

(Registration No 2019/444303/07)

(“Floatpays”)

THIS MANUAL HAS BEEN PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, ACT 2 OF 2000

1. INTRODUCTION

Floatpays (Pty) Ltd, (“Floatpays”) is a private company and a salary advance and financial wellness product provider.

The Promotion of Access to Information Act was promulgated in March 2001. The Act was put in place in order to actively promote a society in which the people of South Africa have effective access to information, which enables them to more fully exercise and protect their rights. The promulgation of the Act was also designed to foster a culture of transparency and accountability in Public and Private Bodies, as defined.

Floatpays is committed to the observance of and compliance with the directives of the Constitution of the Republic of South Africa, 1996 and national legislation like the Promotion of Access to Information Act, 2 of 2000 (“PAIA”). It endorses the key principles of good governance, transparency and accountability.

This Manual has been prepared in accordance with Section 51 of the Promotion of Access to Information Act, Act 2 of 2002. In the pursuit of its objectives, Floatpays encourages the sharing of information with requesters and members of the public as optimally as is possible.

The information in this manual provides the process by which a person can request information, the categories of information/records available and the fees charged, if any for providing the information. This manual will always be available on Floatpays’s website-www.floatpays.co.za.

2. SOUTH AFRICAN HUMAN RIGHTS COMMISSION

The South African Human Rights Commission (“SAHRC”) is mandated under PAIA to promote the right of access to information, monitor the implementation of PAIA, make recommendations to strengthen PAIA and to report annually to Parliament.

The SAHRC has compiled a guide that contains information which would be reasonably required of any person wishing to exercise any rights set out in the Act. The guide is available in all of the official languages and can be viewed at www.sahrc.org.za.

3. COMPANY DETAILS

• Name: Floatpays (PTY) LTD
• Status: Private Company
• Address for Service: Regus Business Centre, 1st Floor, Willowbridge Centre Carl Cronje Drive, Tygervalley, Cape Town, 7530.
• Phone number: 087 250 0099
• CEO: Simon Ward

4. CONTACT DETAILS FOR ACCESS TO INFORMATION

All requests for access to records in terms of PAIA must be in writing and must be addressed to:

Information Officer
Simon Ward
Floatpays Limited
Regus Business Centre, 1st Floor, Willowbridge Centre
Carl Cronje Drive, Tygervalley
Cape Town
7530
Email: popia@floatpays.co.za

5. RECORDS HELD BY THE COMPANY

Floatpays is required by legislation to hold certain records. This legislation includes:

• Companies Act, Act 61 of 1973
• Companies Act, No. 71 of 2008
• Competition Act, No. 89 of 1998
• Financial Advisory and Intermediary Services Act, No. 37 of 2002
• Consumer Protection Act, No. 68 of 2008
• Financial Intelligence Centre Act, No. 38 of 2001
• Promotion of Access to Information Act, No. 2 of 2000
• National Payment System Act, No. 78 of 1998
• Protection of Personal Information Act, No. 4 of 2013
• Regulation of Interception of Communications and Provision of Communication-Related Information Act, No. 70 of 2002
• Electronic Communications and Transactions Act, No. 25 of 2002
• Financial Sector Regulation Act, No. 9 of 2017
• Prevention and Combating of Corrupt Activities Act, No. 12 of 2004
• Protected Disclosures Act, No. 26 of 2000
• Value-Added Tax Act, No. 89 of 1991
• US Foreign Account Tax Compliance Act, 2010
• Basic Conditions of Employment Act, No. 75 of 1997
• Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
• Employment Equity Act, No. 55 of 1998
• Labour Relations Act, No. 66 of 1995
• Occupational Health and Safety Act, No. 85 of 1993
• Income Tax Act, No. 58 of 1962
• Tax Administration Act, No. 28 of 2011

(this list is not exhaustive)

6. CATEGORIES OF RECORDS HELD BY FLOATPAYS (PTY) LTD

Information regarding the records of our Company can be located on our website at the address provided. The website is accessible to anyone with access to the internet.

The categories of records generated by Floatpays are classified and grouped as follows:

Records and information which may be required for the exercise or protection of any right(s) will be made available by our Information Officer, subject to the provisions of the Act, along with payment of the required fees. The prescribed form may be accessed on the SAHRC website as listed in point 2 above.

7. GROUNDS FOR REFUSING ACCESS

Access to any record(s) may be refused on certain recognised grounds which include:

• Privacy
• Privilege
• Confidentiality of client records
• Trade secrets
• Copyright
• Protected Information Technology
• Where the request is unreasonable, vexatious, or frivolous
• Where the request is not done in the prescribed form with payment of the prescribed fee.

8. APPEAL MECHANISM WHEN ACCESS IS REFUSED IN TERMS OF THE ACT

Floatpays does not have an internal appeal procedure and as such, the decision made by the Information Officer is final. Requesters will have to exercise such external remedies at their disposal if the request for information is refused and the requester is not satisfied with the answer provided by the Information Officer.

Requesters or third parties have the right to approach a court, within 30 days of being informed of the decision, for relief where they are dissatisfied with the imposition of fees, the time frames within which they received a response from Floatpays, or with a decision by the Information Officer to refuse access in part or fully.

9. FEES PAYABLE WHEN REQUESTING ACCESS TO ANY RECORD

Floatpays reserves the right to transfer requests for records to relevant bodies where these bodies were the primary holders or generators of the information requested, or where Floatpays no longer has possession of such records, and to create new categories of records where this is necessary.

This manual will be updated to reflect changes in categories of records accordingly and the fees are reflected in Form 3 below.

10. HOW TO LODGE YOUR REQUEST

The requester must comply with all procedural requirements as set out in PAIA relating to the request for access to any of the above-mentioned categories of information.

• Tender and make payment of all allowable fees when a request is lodged with our offices.
• Make use of Form 2 (as prescribed by section 51(e) of the Act) which can be located at https://www.justice.gov.za/inforeg/index.html.
• Deliver Form 2 together with the allowable fees to the appointed Information Officer using one of the contact options set out in this manual.
• Ensure that the Form 2 contains:
  • Sufficient particulars to enable the Information Officer to identify the record(s) being requested as well as the identity of the person requesting such records;
  • Indicate the type and form of the access which is required;
  • Specify an address of the requester (whether postal, fax, email or otherwise) within the Republic of South Africa, or indicate any other format in which the requester wishes to receive a reply to their request;
  • Clearly set out the right(s) which the request needs to protect and/or exercise; and
  • Provide an explanation of how the requested records are to be used to exercise or protect the right(s) in question.
• Where a request for access is made by any person other than the person who intends on using the information to exercise and/or protect any right(s), the person lodging the request must specify clearly on the request:
  • That they are lodging the request on someone else’s behalf;
  • Ensure that the contact details of the person for whom they have lodged the request, as well as for themselves, are clearly set out in the request;
  • Attach sufficient proof, to the reasonable satisfaction of the Information Officer, of their authority and/or capacity to make the request.

11. AVAILABILITY OF THIS MANUAL

This manual is available for inspection at our offices at no cost. Copies of this manual may be obtained from our offices subject to payment of a prescribed nominal fee. The manual can also be accessed on our website at www.floatpays.co.za

FORM 2

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

[Regulation 7]

Particulars of private body

Information Officer
Regus Business Centre, 1st Floor, Willowbridge Centre
Carl Cronje Drive, Tygervalley
Cape Town,
7530

Particulars of person requesting access to the record

The particulars of the person who requests access to the record must be given below.
The address and/or fax number in the Republic to which the information is to be sent must be given.
Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surnames: _____________________________________________
Identity number: ________________________________________________________
Postal address: _______________________________________________________
Fax number: ____________________ Telephone number: _______________________
Mobile number: ______________________Email address: ______________________

Capacity in which request is made, when made on behalf of another person: _____________________________________________________________________

Particulars of person on whose behalf request is made

This section must be completed ONLY if a request for information is made on behalf of another person.

Full names and surname: ________________________________________________
Identity number: _______________________________________________________

Particulars of record

Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

Description of record or relevant part of record: _________________________ _____________________________________________________________________

Fees

A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
You will be notified of the amount required to be paid as the request fee.
The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
If you qualify for exemption of the payment of any fee, please state the reason for exemption.

Reason for exemption from payment of fees: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

Form of access to record

If you are prevented by a disability to read, view, or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

Disability: ____________________________________________________________
Form in which record is required: __________________________________________ _____________________________________________________________________ _____________________________________________________________________

Compliance with your request in the specified form may depend on the form in which the record is available.
Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
The fee payable for access for the record, if any, will be determined partly by the form in which access is requested.
Mark the appropriate box below with an ‘x’.

If the record is in written or printed form:

• copy of record*
• inspection of record

If the record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc):

• view the images
• copy of the images*
• transcription of the images*

If record consists of recorded words or information which can be reproduced in sound:

• listen to the soundtrack (audio cassette)
• transcription of soundtrack (written or printed document)*

If record is held on computer or in an electronic or machine-readable form:

• printed copy of record*
• printed copy of information derived from the record*
• copy in computer readable form (stiffy or compact disc)*

*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable.

• Yes
• No

Particulars of right to be exercised or protected

If the provided space is inadequate, please continue on a separate page and attach it to this form. The requester must sign all the additional pages.

Indicate which right is to be exercised or protected: ___________________ _____________________________________________________________________ _____________________________________________________________________

Explain why the record requested is required for the exercise or protection of the aforementioned right: ___________________________________________________ _____________________________________________________________________ _____________________________________________________________________

Notice of decision regarding request for access

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record? ________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

Signed at __________________ this _________day of ____ 24 .

____________________________________

Signature of requester (or person on whose behalf request is made)

FORM 3

OUTCOME OF REQUEST AND OF FEES PAYABLE

[Regulation 8]

Note:

1. If your request is granted the—
(a) amount of the deposit, (if any), is payable before your request is processed; and
(b) requested record/portion of the record will only be released once proof of full payment is received.

2. Please use the reference number hereunder in all future correspondence.

Reference number: _______________________

TO: ______________________________
______________________________
______________________________
______________________________

Your request dated _____________, refers.

1. You requested:

Personal inspection of information at the registered address of a public/private body (including listening to recorded words, information which can be reproduced in sound, or information held on a computer or in an electronic or machine-readable form) is free of charge. You are required to make an appointment for the inspection of the information and to bring this Form with you. If you then require any form of reproduction of the information, you will be liable for the fees prescribed in Annexure B.

OR

2. You requested:

• Printed copies of the information (including copies of any virtual images, transcriptions and
• information held on computer or in an electronic or machine-readable form )
• Written or printed transcription of virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc)
• Transcription of soundtrack (written or printed document)
• Copy of information on flash drive (including virtual images and soundtracks)
• Copy of information on compact disc drive(including virtual images and soundtracks)
• Copy of record saved on cloud storage server

3. To be submitted:

• Postal services to postal address
• Postal services to street address
• Courier service to street address
• Facsimile of information in written or printed format (including transcriptions)
• E-mail of information (including soundtracks if possible)
• Cloud share/file transfer
• Preferred language:
• (Note that if the record is not available in the language you prefer, access may be granted in the available language version only.

Kindly note that your request has been:

• Approved
• Denied, for the following reasons:

4. Fees payable with regards to your request:

5. Deposit payable (if search exceeds six hours):

• Yes
• No

The amount must be paid into the following Bank account:

Signed at __________________ this _________ day of ______________ 20__

____________________________________________

Information officer